Thompson-Bell v R - [2025] NZHC 3730

Ms Thompson-Bell was sentenced to two years and three months' imprisonment on one charge of theft by a person in a special relationship. Over the course of two years she had used her position as a finance administrator for a community trust to channel approximately half a million dollars to herself. Ms Thompson-Bell was a first offender. She has five children and is pregnant with her sixth. There was no apparent motivation for the offending other than personal greed. The sentencing Judge adopted a starting point of five years' imprisonment for the offending and reduced that by 55 per cent to recognise Ms Thompson-Bell’s guilty plea (25 per cent); the impact of imprisonment on her children (15 per cent); her previous good character (5 per cent); her remorse (5 per cent); and reparation already paid (5 per cent) as agreed at a restorative justice conference. Ms Thompson-Bell appealed arguing that the starting point was too high and/or the Judge allowed inadequate reductions for her previous good character and her remorse and participation in a restorative justice conference.

HELD: Appeal dismissed. In all the circumstances the starting point could not be considered out of range though it was towards the top of it. In respect of good character, the Judge did err in stating that having no previous convictions is only a neutral factor however this error did not result in a manifestly excessive sentence. The Judge had still awarded 5 per cent for previous good character and overall, the reductions totalling 55 per cent were generous. Reducing the sentence any further on appeal would strike at the heart of the integrity of the sentence for very serious offending. There was also no basis for increasing the reduction allowed for remorse and participating in restorative justice on appeal.